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HomeMy WebLinkAbout2006-09-12; City Council; 18707; Authorization to Market Property on Skyline DriveCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 18,707 9-12-06 Econ Dev Authorization to Market for Sale City Owned Real Property located at 41 20 Skyline Drive Carlsbad, CA 92008 DEPT. HEAD ^^^ CITY ATTY. gj& CITY MGR. "~25\S •- — .-isctrr 5# RECOMMENDED ACTION: Adopt Resolution Number 2006-255 _authorizing City staff to market for sale City owned property located at 4120 Skyline Drive to pursuant to California Government Code §37350 et. seq. ITEM EXPLANATION: In December 2001, the City council adopted Resolution Number 2001-350, accepting a testamentary devise from Mrs. Margaret M. Brownley, Mrs. Brownley, a long time Carlsbad resident, bequeathed her home located at 4120 Skyline Drive to the City of Carlsbad subject to the condition that a life estate be given to Mrs. Brownley's long-time friend Ms. Barbara Mailman. Upon the death of Mrs. Brownley, title was transferred to the City of Carlsbad with a deed reserving the life estate to Ms. Mailman. In late 2005, the attorney representing Ms. Brownley's estate contacted the City Attorney to advise him that Ms. Mailman, for personal reasons, wished to relinquish her life estate, leaving the City owned property unencumbered. A quit claim deed in favor of the City of Carlsbad was executed by Ms. Mailman and recorded with the San Diego County recorder on June 7, 2006. The property is a single family residence located at 4120 Skyline Drive, on the southeast corner of Skyline Drive and Tamarack Avenue. It was constructed in 1958 and sits on approximately .72 acres. To date numerous inquiries and unsolicited verbal offers to purchase the property have been received by City staff. In June 2006 an appraisal was completed to determine the property's Fair Market Value. On September 6, 2006 the Carlsbad Planning Commission made a determination pursuant to Government Code §65402, that the sale of the property is consistent with the City's General Plan. If the City Council adopts the attached Resolution that directs the sale of the property, staff will proceed with negotiating the terms and conditions of a sale with prospective buyers. Staff will return to the City Council prior to execution of a Purchase and Sales Agreement and the opening of an Escrow for the property. FISCAL IMPACT: The net proceeds of the sale, which will be in excess of one million dollars, will be deposited into the City's General Fund. ENVIRONMENTAL IMPACT: The Planning Director has determined that the project is exempt from the California Environmental Quality Act, pursuant to Section 15061(b)(3) of the CEQA Guidelines. Section 15061(b)(3) exempts projects or activities where it can be seen with certainty that there is not possibility that the activity may have a significant effect on the environment. Sale of the property with no change in its use, only a change in the property ownership on title, will have no impact on the environment. EXHIBITS: 2006-255Resolution No. _ Property located at 4120 Skyline Drive Carlsbad, CA 92008 Authorization to Market for Sale the City owned Real DEPARTMENT CONTACT: Cynthia Haas 760-602-2732 chaas@ci.carlsbad.ca.us FOR CITY CLERKS USE ONL Y. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED *S D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 1 RESOLUTION NO. 2006-255 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE 3 MARKETING FOR SALE OF CITY OWNED REAL 4 PROPERTY LOCATED AT 4120 SKYLINE DRIVE, CARLSBAD CALIFORNIA 5 6 WHEREAS, Mrs. Margaret M. Brownley bequeathed her home located at 4120 7 Skyline Drive on a .72 acre parcel to the City of Carlsbad, subject to a life estate for the 8 benefit of Ms. Barbara Hallman; and 9 WHEREAS, Ms. Hallman voluntarily executed a Quit Claim Deed relinquishing 10 her interest in the property to the City of Carlsbad; and 11 WHEREAS, the City of Carlsbad believes it to be in the public interest and 12 convenience, and for the public benefit that the real property described be sold since the City has no foreseeable public use for the Real Property; and 15 WHEREAS, The Carlsbad Planning Commission has determined that the sale of 16 real property is consistent and conforms with the City's adopted General Plan pursuant 17 to Government Code §65402; and 18 WHEREAS, an independent appraisal has been completed to determine the Real Property's fair market value. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 21 Carlsbad, California, as follows: 22 1. That the above recitations are true and correct. 24 2. That it is necessary, convenient and in the public's best interest and 25 benefit that the Real Property be sold. 26 3. That the City Council hereby directs the City Staff to market the Real 27 Property for sale to the public. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of September, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: LORRAINE M. WOOD, City Clerk (SEAL)